Appealed from Merit Systems Protection Board.
Markey, Chief Judge, Friedman and Archer, Circuit Judges.
William F. Curtin petitions for review of the decision of the Merit Systems Protection Board (MSPB or board), Docket No. PH300A8610103, upholding the employment practices of the Office of Personnel Management (OPM) related to the examination for the position of administrative law judge (ALJ) in the federal government. Curtin challenges the examination under 5 C.F.R. § 300.104(a) which provides that "[a] candidate who believes that an employment practice which was applied to him or her by the Office of Personnel Management violates a basic requirement in § 300.103 is entitled to appeal to the . . . Board."
Curtin challenges the employment practices used by OPM to select persons for the position of ALJ, alleging that the ALJ examination violates the policies set forth in "Subpart A--Employment Practices" of 5 C.F.R. Part 300 (1988). These policies and requirements are contained in sections 300.102 and 300.103, which provide in relevant part:
This subpart is directed to implementation of the policy that competitive employment practices:
(a) Be practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of candidates for the jobs to be filled;
(b) Result in selection from among the best qualified candidates;
(c) Be developed and used without discrimination because of race, color, religion, sex, age, national origin, partisan political affiliation or other non-merit grounds; and
(d) Insure to the candidate opportunity for appeal or administrative review, as appropriate.
§ 300.103 Basic requirements.
(a) Job analysis. Each employment practice of the Federal Government generally, and of individual agencies, shall be based on a job analysis to identify:
(1) The basic duties and responsibilities;
(2) The knowledges, skills, and abilities required to perform the duties and ...